sch.3-sec.6QPP 6—use or disclosure of personal information

### sch.3-sec.6 QPP 6—use or disclosure of personal information Use or disclosure If an agency holds personal information about an individual that was collected for a particular purpose (the primary purpose ), the agency must not use or disclose the information for another purpose (the secondary purpose ) unless— the individual has consented to the use or disclosure of the information; or QPP 6.2 applies in relation to the use or disclosure of the information. This QPP applies in relation to the use or disclosure of personal information about an individual if— the individual would reasonably expect the agency to use or disclose the information for the secondary purpose and the secondary purpose is— if the information is sensitive information—directly related to the primary purpose; or if the information is not sensitive information—related to the primary purpose; or the use or disclosure of the information is required or authorised under an Australian law or a court or tribunal order; or a permitted general situation exists in relation to the use or disclosure of the information by the agency; or Permitted general situations are stated in schedule 4 , part 1 . the agency is a health agency and a permitted health situation exists in relation to the use or disclosure of the information by the agency; or Permitted health situations are stated in schedule 4 , part 2 . the agency reasonably believes the use or disclosure of the information is reasonably necessary for one or more enforcement-related activities conducted by a law enforcement agency; or all of the following apply— ASIO has asked the agency to disclose the personal information; an officer or employee of ASIO authorised in writing by the director-general of ASIO for this paragraph has certified in writing that the personal information is required in connection with the performance by ASIO of its functions; the disclosure is made to an officer or employee of ASIO authorised in writing by the director-general of ASIO to receive the personal information; or QPP 6.2(f) applies in relation to Queensland agencies and does not correspond to an APP. all of the following apply— the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest; the use or disclosure does not involve the publication of all or any of the personal information in a form that identifies any individual; it is not practicable to obtain the express or implied agreement of each individual the subject of the personal information before the use or disclosure; if the personal information is disclosed to another entity—the agency is satisfied on reasonable grounds that the relevant entity will not disclose the personal information to another entity. QPP 6.2(g) applies in relation to Queensland agencies and does not correspond to an APP. The Privacy Act 1988 (Cwlth) , schedule 1 includes a privacy principle about the disclosure of personal information that is biometric information or biometric templates to an enforcement body in certain circumstances (see APP 6.3). There is no equivalent QPP for APP 6.3. If— the agency is a health agency; and schedule 4 , part 2 , section 3 applied in relation to the collection of the personal information by the agency; the agency must take reasonable steps to ensure the information is de-identified before the agency discloses it under QPP 6.1 or QPP 6.2. Written note of use or disclosure If an agency uses or discloses personal information in accordance with QPP 6.2(e), the agency must make a written note of the use or disclosure. The equivalent APP includes a provision applying to certain private sector entities (see APP 6.6 and APP 6.7). sch 3 s 6 sub 2023 No. 32 s 74 (sch.3-sec.6-ssec) Use or disclosure (sch.3-sec.6-ssec.6.1) If an agency holds personal information about an individual that was collected for a particular purpose (the primary purpose ), the agency must not use or disclose the information for another purpose (the secondary purpose ) unless— the individual has consented to the use or disclosure of the information; or QPP 6.2 applies in relation to the use or disclosure of the information. (sch.3-sec.6-ssec.6.2) This QPP applies in relation to the use or disclosure of personal information about an individual if— the individual would reasonably expect the agency to use or disclose the information for the secondary purpose and the secondary purpose is— if the information is sensitive information—directly related to the primary purpose; or if the information is not sensitive information—related to the primary purpose; or the use or disclosure of the information is required or authorised under an Australian law or a court or tribunal order; or a permitted general situation exists in relation to the use or disclosure of the information by the agency; or Permitted general situations are stated in schedule 4 , part 1 . the agency is a health agency and a permitted health situation exists in relation to the use or disclosure of the information by the agency; or Permitted health situations are stated in schedule 4 , part 2 . the agency reasonably believes the use or disclosure of the information is reasonably necessary for one or more enforcement-related activities conducted by a law enforcement agency; or all of the following apply— ASIO has asked the agency to disclose the personal information; an officer or employee of ASIO authorised in writing by the director-general of ASIO for this paragraph has certified in writing that the personal information is required in connection with the performance by ASIO of its functions; the disclosure is made to an officer or employee of ASIO authorised in writing by the director-general of ASIO to receive the personal information; or QPP 6.2(f) applies in relation to Queensland agencies and does not correspond to an APP. all of the following apply— the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest; the use or disclosure does not involve the publication of all or any of the personal information in a form that identifies any individual; it is not practicable to obtain the express or implied agreement of each individual the subject of the personal information before the use or disclosure; if the personal information is disclosed to another entity—the agency is satisfied on reasonable grounds that the relevant entity will not disclose the personal information to another entity. QPP 6.2(g) applies in relation to Queensland agencies and does not correspond to an APP. The Privacy Act 1988 (Cwlth) , schedule 1 includes a privacy principle about the disclosure of personal information that is biometric information or biometric templates to an enforcement body in certain circumstances (see APP 6.3). There is no equivalent QPP for APP 6.3. (sch.3-sec.6-ssec.6.4) If— the agency is a health agency; and schedule 4 , part 2 , section 3 applied in relation to the collection of the personal information by the agency; the agency must take reasonable steps to ensure the information is de-identified before the agency discloses it under QPP 6.1 or QPP 6.2. (sch.3-sec.6-ssec-oc.2) Written note of use or disclosure (sch.3-sec.6-ssec.6.5) If an agency uses or discloses personal information in accordance with QPP 6.2(e), the agency must make a written note of the use or disclosure. The equivalent APP includes a provision applying to certain private sector entities (see APP 6.6 and APP 6.7). - (a) the individual has consented to the use or disclosure of the information; or - (b) QPP 6.2 applies in relation to the use or disclosure of the information. - (a) the individual would reasonably expect the agency to use or disclose the information for the secondary purpose and the secondary purpose is— (i) if the information is sensitive information—directly related to the primary purpose; or (ii) if the information is not sensitive information—related to the primary purpose; or - (i) if the information is sensitive information—directly related to the primary purpose; or - (ii) if the information is not sensitive information—related to the primary purpose; or - (b) the use or disclosure of the information is required or authorised under an Australian law or a court or tribunal order; or - (c) a permitted general situation exists in relation to the use or disclosure of the information by the agency; or Note— Permitted general situations are stated in schedule 4 , part 1 . - (d) the agency is a health agency and a permitted health situation exists in relation to the use or disclosure of the information by the agency; or Note— Permitted health situations are stated in schedule 4 , part 2 . - (e) the agency reasonably believes the use or disclosure of the information is reasonably necessary for one or more enforcement-related activities conducted by a law enforcement agency; or - (f) all of the following apply— (i) ASIO has asked the agency to disclose the personal information; (ii) an officer or employee of ASIO authorised in writing by the director-general of ASIO for this paragraph has certified in writing that the personal information is required in connection with the performance by ASIO of its functions; (iii) the disclosure is made to an officer or employee of ASIO authorised in writing by the director-general of ASIO to receive the personal information; or Editor’s note— QPP 6.2(f) applies in relation to Queensland agencies and does not correspond to an APP. - (i) ASIO has asked the agency to disclose the personal information; - (ii) an officer or employee of ASIO authorised in writing by the director-general of ASIO for this paragraph has certified in writing that the personal information is required in connection with the performance by ASIO of its functions; - (iii) the disclosure is made to an officer or employee of ASIO authorised in writing by the director-general of ASIO to receive the personal information; or - (g) all of the following apply— (i) the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest; (ii) the use or disclosure does not involve the publication of all or any of the personal information in a form that identifies any individual; (iii) it is not practicable to obtain the express or implied agreement of each individual the subject of the personal information before the use or disclosure; (iv) if the personal information is disclosed to another entity—the agency is satisfied on reasonable grounds that the relevant entity will not disclose the personal information to another entity. Editor’s notes— 1 QPP 6.2(g) applies in relation to Queensland agencies and does not correspond to an APP. 2 The Privacy Act 1988 (Cwlth) , schedule 1 includes a privacy principle about the disclosure of personal information that is biometric information or biometric templates to an enforcement body in certain circumstances (see APP 6.3). There is no equivalent QPP for APP 6.3. - (i) the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest; - (ii) the use or disclosure does not involve the publication of all or any of the personal information in a form that identifies any individual; - (iii) it is not practicable to obtain the express or implied agreement of each individual the subject of the personal information before the use or disclosure; - (iv) if the personal information is disclosed to another entity—the agency is satisfied on reasonable grounds that the relevant entity will not disclose the personal information to another entity. - 1 QPP 6.2(g) applies in relation to Queensland agencies and does not correspond to an APP. - 2 The Privacy Act 1988 (Cwlth) , schedule 1 includes a privacy principle about the disclosure of personal information that is biometric information or biometric templates to an enforcement body in certain circumstances (see APP 6.3). There is no equivalent QPP for APP 6.3. - (i) if the information is sensitive information—directly related to the primary purpose; or - (ii) if the information is not sensitive information—related to the primary purpose; or - (i) ASIO has asked the agency to disclose the personal information; - (ii) an officer or employee of ASIO authorised in writing by the director-general of ASIO for this paragraph has certified in writing that the personal information is required in connection with the performance by ASIO of its functions; - (iii) the disclosure is made to an officer or employee of ASIO authorised in writing by the director-general of ASIO to receive the personal information; or - (i) the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest; - (ii) the use or disclosure does not involve the publication of all or any of the personal information in a form that identifies any individual; - (iii) it is not practicable to obtain the express or implied agreement of each individual the subject of the personal information before the use or disclosure; - (iv) if the personal information is disclosed to another entity—the agency is satisfied on reasonable grounds that the relevant entity will not disclose the personal information to another entity. - 1 QPP 6.2(g) applies in relation to Queensland agencies and does not correspond to an APP. - 2 The Privacy Act 1988 (Cwlth) , schedule 1 includes a privacy principle about the disclosure of personal information that is biometric information or biometric templates to an enforcement body in certain circumstances (see APP 6.3). There is no equivalent QPP for APP 6.3. - (a) the agency is a health agency; and - (b) schedule 4 , part 2 , section 3 applied in relation to the collection of the personal information by the agency;